Mr. Brooks (for
himself, Mr. Burton of Indiana,
Mr. Carter,
Mr. Palazzo, and
Mr. Woodall) introduced the following
bill; which was referred to the Committee
on the Judiciary

A BILL

To provide that States and local governments may pass
laws that identify illegal aliens, deter illegal aliens from entering the
United States, apprehend illegal aliens, or encourage or otherwise cause
illegal aliens to leave the United States, and for other
purposes.

1.

Short title

This Act may be cited as the
Jobs for Americans Act of
2011.

2.

Findings

The Congress finds as follows:

(1)

The security of
the United States and its citizens is dependent on the ability of the United
States to regulate the immigration of aliens into the United States.

(2)

The economic
disparity between the United States and other countries is a prime factor in
the desire of aliens to enter the United States illegally.

(3)

Federal law
prohibits the employment of illegal aliens in the United States. Nonetheless,
illegal aliens routinely find employment within the United States.

(4)

Employment of
illegal aliens in the United States undermines our system of lawful
immigration, undermines job opportunities for American workers, undermines the
wages for many American workers, and increases the number of Americans who are
dependent on Federal and State programs for monetary assistance.

(5)

The laws,
regulations, policies, and efforts of the United States concerning illegal
aliens have been insufficient to stop or adequately stem the flow of illegal
aliens into the United States.

(6)

The United States
welcomes the assistance of State, county, and municipal governments in the
effort to identify illegal aliens, deter illegal aliens from entering the
United States, apprehend illegal aliens, and encourage or otherwise cause
illegal aliens to leave the United States.

(7)

States, counties,
and municipal governments have inherent authority to investigate, identify,
apprehend, arrest, detain, or transfer illegal aliens to the United States and
to assist the United States in the enforcement of the immigration laws of the
United States. This State, county, and municipal authority has never been
displaced or preempted by Congress.

(8)

The Attorney
General should not use taxpayer funds to sue States, counties, or municipal
governments that enact their own illegal immigration legislation because of the
failure of the United States to adequately act on this issue.

(9)

State, county, and
municipal governments should be supported for taking actions to discourage
illegal immigration.

3.

Empowering State
and local governments to help the Federal Government stop illegal
aliens

(a)

Limited
preemption of State and local laws

(1)

In
general

States, and political subdivisions of States, are
authorized to enact and enforce laws that help identify illegal aliens, deter
illegal aliens from entering the United States, apprehend illegal aliens, or
encourage or otherwise cause illegal aliens to leave the United States. States,
and political subdivisions of States, may not enact or enforce laws that are
inconsistent with Federal statutes that define the lawful status of persons who
are in the United States.

(2)

Construction

This
subsection shall be broadly construed to permit and empower State and political
subdivisions of States to address illegal alien issues within their
jurisdictions.

(3)

Definition

For
purposes of this subsection, the term illegal alien means an alien
unlawfully present in the United States, as defined by Federal law.

(b)

Nonpreemption of
State and local laws on aiding and abetting illegal
aliens

Neither the provisions of this section, nor any other law,
preempt any State or local law imposing civil or criminal sanctions upon
persons who knowingly aid or abet, in any way, the presence of an illegal alien
within the borders of the United States.

(c)

Unlawful
employment of aliens

Section 274A(h)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows:

(2)

Nonpreemption

Neither
the provisions of this section, nor any other law, preempt any State or local
law imposing civil or criminal sanctions upon persons who knowingly employ,
recruit, or refer for a fee for employment, an unauthorized
alien.

.

(d)

Immunity

No
person or entity shall be civilly or criminally liable for taking an action, or
failing to take an action, if such action or inaction was undertaken in good
faith to comply with a law described in subsection (a)(1) or (b).